Talent agency Endeavor has blackballed film financier Intermedia until client Diane Lane is paid nearly $2.7 million allegedly owed to her under a pay or play deal. Move comes in the wake of a lawsuit filed by Lane against Intermedia in Los Angeles Superior Court on Monday, claiming breach of contract, misrepresentation and fraud.

Although Intermedia is now in preproduction on Oliver Stone's epic drama, "Alexander," Lane's lawsuit claims that the production and financing company was unable to come up with the funding for the much more modestly budgeted "Me Again."

Lane was to receive $3.5 million and star opposite Bruce Willis in the thriller "Me Again."

The project was to begin production in May and wrap by August. Willis dropped out of the project last spring and has not been replaced. (Daily Variety, April 16)

However, according to Lane's suit, Intermedia did not have financing for "Me Again" when the company made its deal with Lane and never found the funding for the film.

According to documentation provided in Lane's lawsuit, Intermedia later tried to flip the project to Franchise. (German-owned Intermedia is involved with Franchise backer Ron Tudor on another project, "Laws of Attraction." )

In a letter dated June 24 and addressed to Intermedia vice chairman Jon Gumpert, Endeavor accused Intermedia of using "lies and misrepresentation" in an attempt to justify nonpayment of Lane's pay-or-play deal.

"In April of this year, you (Intermedia) made a $3.5 million pay or play deal with Diane Lane to star in "Me Again," the letter states. "Subsequently, Diane passed on several multimillion dollar offers to star in other films at the same time."

Endeavor acknowledged that Intermedia had made the first two payments of $277,778 each.

"However," the letter concludes, "until we receive the remaining money owed to her, the Endeavor Agency will cease doing business with Intermedia, Franchise Pictures and those individuals who are responsible for these actions in perpetuity."

The letter was signed by all 14 Endeavor partners, with copies also sent to Intermedia chairman Moritz Borman and production president Basil Iwanyk, as well as Franchise chairman/CEO Elie Samaha and president of development Tracee Stanley.

An Intermedia spokesperson said the company does not comment on pending litigation.

Even if she was offered a part tomorrow, it wouldn't go into production until October/November at the earliest and therefore probably wouldn't be released theatrically until early 2005! That would be over 2-and-a-half years after "Unfaithful" was released.

At 38, in Hollywood, this could spell very, very bad news for Diane Lane's career could it not? Do you think her career can recover? Will the lawsuit have a backlash on her from other production companys and producers? Could it effect any awards chances she may have? Lastly, what do you think (from what you know) her chances are of getting the money she has sued Intermedia for?

Surely, if she signed a "pay or play" deal she should have no trouble getting her $3.5 million? I can't see what the production company can do about it. I think this "publicity" could even help with her new movie coming out next month. I think she should and will get her money - no problem.

Sounds really dumb to me. I must have missed something. I am sure that 'little' fights go on like this all of the time, so why bother to run it up the flagpole?

She is getting paid. Ok, not all at once, but it isn't like they have run off with her money. If you miss a job, you just keep on going out until you get one. Anybody knows that. I can 'if I did this, I'd be here now' in a thousand different ways.

So, what is with Endeavor? Is there somebody there that can't make a house payment? If she does get work can they counter-sue saying that if she did get the first job, she wouldn't have been available for the 2nd one?

And I don't care how good or bad any actor is. If one movie makes or breakes your career, there wasn't that much to it in the first place.

Intermedia Films has responded to a lawsuit filed by Diane Lane against the film financier in which the actress claims breach of contract, misrepresentation and fraud regarding her employment on the film Me Again. Intermedia filed a legal response Friday in Los Angeles Superior Court in which it denies Lane's allegations that she is owed $2.7 million under the pay-or-play deal. According to Intermedia's filing, attachments contained within Lane's original suit, which allegedly demonstrate that no contract was ever formed, effectively negate the suit's claims. Lane's suit "on its face demonstrates that the breach-of-contract claim and all the other dependent claims fail as a matter of law," Intermedia's filing said.

Glenn, a pay-or-play contract is one that pays you whether you work or not because it prevents you from getting other work. If they didn't get her any work and didn't pay her, she did get screwed. Or are you just saying what they offered her was unreasonable and they shouldn't have to go through with it? This sort of contract is fairly common.